Correctional_Commissary_Service_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2023-RFP-0189

CORRECTIONAL COMMISSARY SERVICE

County of Sacramento

9660 Ecology Lane

Sacramento, CA 95827

RELEASE DATE: July 6, 2023

DEADLINE FOR QUESTIONS: July 25, 2023

RESPONSE DEADLINE: August 11, 2023, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

County of Sacramento

REQUEST FOR PROPOSAL

Correctional Commissary Service

1. Definitions

2. Introduction

3. Proposer's Instructions

4. Project Details

5. Vendor Submissions

6. Insurance Requirements for Contractors

Attachments:

A - Current Commissary Menu

B - Current Friends and Family Menu

C - Current Deposit Fees

D - Current Indigent Kit

E - Most Frequently Purchased Items

F - Current Sales Statistics

G - OFFER - Current Menu

H - OFFER - Alternative Menu

I - OFFER - Indigent Kits

J - OFFER - Friends and Family Menu

K - OFFER - Deposit Fees

L - Financial Offering

M - Performance Bond

Request for Proposal #2023-RFP-0189 Title: Correctional Commissary Service

1. DEFINITIONS

Response:The written, signed and sealed complete document(s) submitted according to the proposal instructions. Response does not include any verbal or documentary interaction apart from submittal of a formal Response.

Request/Proposal/Bid: The completed and released solicitation, including all subsequent addenda, made publicly available to all prospective proposers.

We/Us/Our: Terms that refer to the County of Sacramento, a duly organized public entity. They may also be used as pronouns for various subsets of the County organization, including, as the context will indicate:

• Purchasing - the Contracts and Purchasing Services Division of the Department of General

Services.

• Department/Division – The department or division requesting the goods or services contained in this request, for which this PROPOSAL is prepared and which will be the end user of the requested goods or services.

• Constituency – the client base or County population which may benefit from the procurement of goods and/or services requested herein.

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently as the context will indicate.

• Supplier - A business entity engaged in the business of providing services.

• Proposer - A business entity submitting a Response to this proposal. Suppliers which may express interest in this proposal, but who do not submit a Response, have no obligations with respect to the proposal requirements.

• Contractor - The Proposer(s) whose Response to this proposal is evaluated as meeting the needs of the County. Contractor(s) will be selected for award, and will enter into a contract(s) for provision of the services described in this proposal.

• Contractor’s Employee - All persons who can be offered to provide the services described in the proposal. All employees of the Contractor shall be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, SDI, etc.).

Mandatory: A required element of this request/proposal/bid. Failure to satisfy any element of this request/proposal/bid defined as “mandatory” will disqualify the particular response.

Default:A failure to act as required by any contract resulting from this request, which may trigger the right to sue or may excuse the other party's obligation to perform under the contract.

Cancellation/Termination:A unilateral or mutual decision to not complete an exchange or perform an obligation under any contract resulting from this request.

“Or Equal”: A statement used for reference to indicate the character or quality desired in a requested product or service. When specified in a proposal document, equal items will be considered, provided the response clearly describes the article. Offers of equal items must state the brand and number, or level of quality. When brand, number, or level of quality is not stated by proposer, the offer will be considered exactly as specified. The determination of the Purchasing Agent as to what items are equal is final and conclusive.

2. INTRODUCTION

The County of Sacramento (“the County”) invites responses to the Request for Proposal (RFP) from experienced, qualified Proposers who can provide reliable, cost-effective inmate commissary services including but not limited to banking software, hands-free cash handling services (i.e., booking kiosks, lobby kiosks), debit release cards, indigent kits and electronic ordering of commissary items for the

Sacramento County Sheriff’s Office.

2.1. Summary

Request for Commissary Service Proposals are for the facilities listed below (“Facilities”):

Sacramento County Main Jail, 651 “I” Street, Sacramento, CA 95814; and Rio Cosumnes Correctional

Center, 12500 Bruceville Road, Elk Grove, CA 95757

At its sole discretion, the County reserves the right to require commissary related services at new

Facilities or additional locations.

2.2. Background

BACKGROUND

The Sacramento County Main Jail is an eight (8) story building (with basement) separated into two (2) towers, East and West. The physical description is as follows:

A. The Facility has approximately two-thousand four hundred (2,400) beds, and the Average Daily

Population (ADP) over the last twelve (12) months is one thousand nine hundred thirty-five

(1,935) inmates.

B. The first floor of the Main Jail is the booking area, which is separated into twelve (12) holding cells (four (4) female and eight (8) male), one (1) female only recognizance release cell, and one

(1) male only recognizance release cell.

C. The second floor of the Main Jail is the medical unit. The East side of the medical unit consists of three (3) housing pods. The West side of the second floor houses a psychiatric and acute medical wing.

D. Floors three (3) through eight (8) make up the inmate housing units in each tower. The basement level does not house inmates.

The Rio Cosumnes Correctional Center (RCCC) is located in Elk Grove, CA and is the primary custodial facility for inmates sentenced to the County Jail from the Sacramento County Courts. RCCC physical description is as follows:

A. RCCC has approximately two-thousand six hundred (2,600) beds with an ADP of one thousand three hundred twenty-eight (1,328) over the past twelve (12) months.

B. RCCC consists of numerous housing facilities spread over the facility grounds with varying functions, levels of security, housing both male and female inmates and includes a designated jail psychiatric unit.

CURRENT COMMISSARY PROCESS

All commissary is handled offsite at a warehouse in Sacramento, CA where the current commissary service supplier provides all inventory storage and supplier employees pull, bag, label, and sort inmate orders for delivery to the Facilities. Currently ordering is done by one of three methods: tablets, Interactive Voice Response (IVR) via telephones, and optical reader answer sheets (bubble sheets).

Friends and Family can also order from a number of prepared packages on behalf of an inmate:

A. At the Main Jail, bubble sheets are collected throughout the week and picked up by the commissary service supplier on Friday for Sunday processing.

B. At RCCC, bubble sheets are collected from inmate housing units on Friday mornings and are scanned and electronically transmitted to the commissary service supplier for Sunday processing.

C. All phone (IVR) and tablet commissary orders for both facilities are downloaded by the commissary service supplier on Sunday morning by 6:00am for processing. Ordering by phones and tablets is unavailable from Saturday night at 11:59pm until Sunday morning at 10:00am.

D. Tablet orders for phone time are transmitted immediately to the phone vendor and are available for immediate use by the inmate.

E. Due to weekly order limits, Friends and Family orders are given priority, followed by bubble sheet orders, then phone (IVR) and tablet orders.

The current commissary service supplier weekly delivery schedules are:

A. At the Main Jail, commissary and Friends and Family orders are delivered on Friday for distribution on Saturday and Sunday.

B. At RCCC, commissary and Friends and Family orders are delivered and distributed Monday and

Tuesday.

Commissary service supplier employees are escorted by jail personnel. Orders are organized in supplier carts which are designated for each housing location. At the Main Jail, orders are sorted by floor and pod and at RCCC, orders are sorted by building location and pod.

The general process is as follows:

A. While the inmates are in their cells, distribution occurs door-to-door throughout the pod/housing area. In dorm style housing areas, employees deliver orders from within the dayroom, at the pod door, or in the recreation yard. Inmates may be called up to the delivery location as a group, or individually.

B. Each pre-packed order is in a clear, durable plastic bag with holes and heat sealed prior to delivery and contains an itemized commissary ticket labeled for a specific inmate.

C. Using a handheld scanner provided and operated by the commissary service supplier, the delivery personnel scan the commissary ticket in the bag, and then scan the inmate’s jail issued wristband as a method of inmate identity verification for accurate order delivery. If the X-REF

(inmate’s ID number) on the bag matches the X-REF on the inmate's wristband, there will be an audible verification beep. If there is no match, then no confirmation beep is emitted.

D. As distribution takes place, inmates are required to verify the contents/condition of their bag against the order ticket before opening their bag. If a discrepancy is noted, the inmate is given the opportunity to address it with supplier staff at the time of distribution so that the supplier’s delivery person may correct the issue.

The awarded Contractor will be required to provide sufficient Contractor staff to ensure jail personnel are not involved in the process of verifying commissary orders. Jail personnel shall only provide an escort to Contractor staff.

A. In its response to the RFP, Proposer shall specify any enhanced tools which may add efficiency during the delivery process (i.e., tablet or handheld devices to assist Contractor staff in verifying an inmate’s identity). Any proposed device must use the inmate’s X-REF as the unique identifier.

Inmates processed into Facilities are supplied an intake kit. Intake kits are not a requirement under this

RFP, but County reserves the right to request price proposals for Intake kits or other Contractor offered kits not specifically required in this RFP during the negotiation phase of the RFP for inclusion into the

Contract.

Inmates who have a balance less than the cost of indigent kit (currently $4.41) in their trust account and have not purchased a commissary during the previous week are considered indigent. Indigent kits may be ordered by indigent inmates once per week and the amount of the kit is subtracted from the inmate’s trust account, even if doing so results in a negative trust account balance. When the inmate has funds added to their account, the negative balance will be charged against the added funds. Once an inmate has a positive balance of greater than the cost of an indigent kit ($4.41) they are allowed to place a commissary order. The contents of the current indigent kits are found Attachment D - Current

Indigent Kits.

Family members and friends may order gift kits from icaregifts.com for delivery to the Facilities (“Friends and Family commissary menu”). Inmates do not need to have a positive account balance to receive gift kits. The current Friends and Family commissary menu and prices can be found in Attachment B -

Current Friends and Family Menu.

CURRENT INTAKE AND LOBBY KIOSK PROCESSES

The current commissary service supplier provides intake and lobby kiosks for the Facilities. The Main Jail has two (2) and RCCC has one (1) booking kiosks that allow officers to deposit cash and coins that an inmate has in their possession at the time of their arrest, into the inmate’s trust account. The Main Jail has two (2) and RCCC has one (1) lobby kiosks that accept deposits to an inmate’s trust account.

The current commissary service supplier is responsible for all collection, deposit and reporting of funds received into both the lobby and booking kiosks. Supplier is responsible for providing reconciliation reports to the County on a daily basis.

VENDING MACHINES

The current commissary service supplier provides eight (8) vending machines for the RCCC.

The commissary service supplier is responsible for the maintenance, stocking and servicing of the vending machines twice weekly.

RCCC provides jail personnel to escort commissary service supplier personnel while they are restocking the vending machine equipment or for equipment repair personnel.

DESIGNATED AGENT

The County may engage third party consultants in the RFP process for inmate commissary services. If a consultant or agent (“Designated Agent”) is engaged, Proposer will cooperate with the Designated

Agent as directed by the County.

SCOPE OF SERVICES

Commissary service supplier shall be responsible for providing all management, supervisory, and commissary personnel, and equipment required to operate the commissary at all current and future

County correctional facilities as required by the County.

Proposer shall be responsible for meeting all requirements listed in the Detailed Requirements section of this RFP and provide all documentation required.

TERM

County intends to award a three (3) year contract (“Initial Term”) with the option to renew for two (2) additional one (1) year terms or on a month-to-month basis (not to exceed twelve (12) months). All terms and conditions, requirements and specifications of the awarded contract shall remain the same and apply during any renewal term(s). The awarded contract shall not automatically renew.

COMMUNICATION REGARDING THE RFP

Proposer must submit all questions pertaining to this project in the Questions & Answer Module (Q&A) in OpenGov procurement.

The County shall deliver responses to questions submitted to the RFP via an Addendum by the date specified in the RFP. Questions not received by the stated deadline will not be considered.

Only written communication executed by the County in the form of an Addendum shall be considered binding.

OPTIONAL SITE EVALUATION

The County strongly recommends that Proposer attend the site evaluation on the date and time specified in the OpenGov procurement Timeline.

To attend the site evaluation, Proposer must confirm attendance via email to the County at least 3 days prior to the site evaluation. Each Proposer will be limited to 2 representatives at the site evaluation.

This will be the only time available for Proposer to visit the Facilities during the RFP process.

No questions will be answered during the site evaluation. Proposer’s questions should be submitted in

OpenGov prior to or following the conclusion of the site evaluation on or before the date specified in the

OpenGov procurement Timeline.

2.3. Contact Information

Project Contact:

Adam Persson

Assistant to the Chief, Correctional Services

4500 Orange Grove Ave

Sacramento, CA 95841

Email: apersson@sacsheriff.com

Phone: (916) 874-7166

Procurement Contact:

Jonathan Martinez

Sr. CSO

9660 Ecology Lane

California, CA 95827

Email: jhmartinez@saccounty.gov

Phone: (916) 876-6367

Department:

Sheriff

Department Head:

Jim Cooper

Sheriff

2.4. Timeline

Release Project Date July 6, 2023

Pre-Bid Meeting (Non-Mandatory) July 19, 2023, 11:30am

12500 Bruceville Road, Elk Grove, CA 95757

(Conference Room) mailto:apersson@sacsheriff.com tel:(916)874-7166 mailto:jhmartinez@saccounty.gov tel:(916)876-6367

Site Evaluation July 19, 2023, 11:30am

12500 Bruceville Road, Elk Grove, CA

95757(1st location)

651 I Street, Sacramento, CA 95814 (2nd location)

Question Submission Deadline July 25, 2023, 5:00pm

Submission Deadline August 11, 2023, 5:00pmOpengov.com http://opengov.com/

3. PROPOSER'S INSTRUCTIONS

General Format: Respond to all requests for information and completion of forms contained in this

Request for Proposal. You may use additional sheets as necessary. A qualifying response must address all items. Brochures and advertisements will not be considered a complete reply to requests for information and will not be accepted as such. Proposer is solely responsible for accuracy and completeness of proposal response and for electronically separating confidential documents when submitting their response through SacCountyEbids. Responses considered incomplete may be rejected.

Alteration of Proposal Text: the original text of this proposal document, as well as any attachments, amendments or other official correspondence related to this proposal document, may not be manually, electronically or otherwise altered by proposer or proposer’s agent(s). Any response containing altered, deleted, additional or otherwise non-original text will be disqualified.

Preparation of Response:

A. All responses must be signed by an authorized officer or employee of the responder.

B. Responses must be submitted prior to the specified date and time, using the SacCountyEbids.

Responses delivered by hand, fax, telephone, e-mail, or any postal carrier will not be accepted. If bidder uploads a file to SacCountyEbids, it is bidder responsibility to ensure the file is not corrupt or damaged. If County is unable to open an attachment because it is damaged, corrupt, infected, etc., it may disqualify bidder’s submission. See this training guide for guidance entering your online response.

Confidential Information/Public Record:

The County will treat all information submitted in a proposal as available for public inspection once negotiations with the selected party have been completed. If copies of proposals are included with

Board materials, the County will make proposals available for public inspection once staff has made a recommendation for award.

If a Proposer believes protected data is included in its proposal, the Proposer shall clearly identify the data and provide the legal basis in support of the asserted classification. Proposer must present such information separately as part of its proposal OR type in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal which Proposer believes to be confidential. Classification of data as trade secret data will be determined pursuant to applicable law, and, accordingly, merely labeling data as “trade secret” does not necessarily make the data protected as such under any applicable law.

In order for the County to assert the confidentiality of any such information in the event a Public Record

Act request is received, the Proposer must request, execute and submit a County-prepared written agreement to defend and indemnify the County for any liability, costs and expenses incurred in asserting such confidentiality as part of the proposal. A copy may be provided upon request.

The final determination of whether the County will assert a Proposer’s claim of confidentiality shall be at the sole discretion of the County. Any information determined to be non-confidential shall be https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty https://secure.procurenow.com/portal/saccounty http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training considered public record. If the County determines that your information does not meet the criteria for confidentiality, you will be notified of the County’s intent to release the public record pursuant to any

Public Records Act request.

The Proposer agrees, as a condition of submitting its proposal, that the County will not, as between the parties, be liable or accountable for any loss or damage, which may result from a breach of confidentiality related to the proposal. The Proposer agrees to indemnify and hold the County, its officials, agents, and employees harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the California Public Records Act, including legal fees and disbursements paid or incurred to enforce this provision.

4. PROJECT DETAILS

4.1. Important Instructions for Electronic Submittal

The County is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov

Procurement by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

4.2. Invoices, Commission, and Reporting

Proposer shall submit its Financial Offering on the current menus/fees and alternative menus/fees using Attachment L – Financial Offering. In addition, Proposer shall specify the pricing for items found on the current menu, indigent kits and deposit fees using Attachments G, I & K. Proposer may offer alternative menus (including friends and family commissary packages), indigent kits, and deposit fees in Attachments H, I, J & K.

Proposer, at its own discretion may offer a supplemental payment amount in Attachment L - Financial

Offering.

Gross Sales shall mean purchases generated by and through the inmate commissary service environment consisting of all sales, compensation, earning, gain, income, generated income, proceeds or receipts paid to or received by the commissary service supplier in any way connected to the provision of commissary services, less authorized returns. Authorized returns are products that are not delivered to an inmate or inmates, or if delivered, are returned unused and unopened, in merchantable condition.

Net Sales shall mean purchases generated by and through the commissary service environment consisting of all sales, compensation, earning, gain, income, generated income, proceeds, or receipts paid to or received by the commissary service supplier in any way connected to the provision of commissary services less the following:

A. Indigent kits;

B. Debit purchases;

C. Postal products; Refunds; and

D. Required taxes and charges that are intended to be paid by the inmate or family member or friend and then remitted 100% by the billing party to the appropriate governmental agency.

For purposes of this RFP, a purchase shall be deemed complete and part of Gross Sales when a product ordered by an inmate or friends/family of the inmate is delivered to the inmate, and the product is not considered to qualify for an authorized return.

If the inmate is released prior to delivery, the product will be returned to the commissary service supplier and the inmate’s account will be credited by the commissary service supplier for the returned order.

On a weekly basis, commissary service supplier shall provide:

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A. A weekly invoice on the first day of every week, for the prior week, detailing the Gross Sales of products, based on the weekly Gross Sales generated by all commissary purchased by the inmates at the Facilities.

B. A weekly invoice on the first day of every week, for the prior week, detailing the delivered indigent kits. This invoice shall be separate from the invoice received for Gross Sales specified above.

C. A detailed Gross Sales Report including but not limited to the information below. Proposer shall include a sample Gross Sales Report in its response to this RFP to demonstrate how Proposer will meet the County’s reporting requirement.

1. Purchase by Inmate;

2. Purchase by Category;

3. Returns and Adjustments;

4. Credits for out-of-Stock Items;

5. Authorized Refunds;

6. The Number of Indigent Kits;

7. Total Sales; Taxes;

8. Phone Sales;

9. Non-Taxable Items; and

10. Total Commission.

D. Summary of all taxes, including but not limited to sales, City, State, and County, acquired for each order (“Weekly Tax Report”). The Weekly Tax Report shall detail the submission of the tax to the proper entity. Proposer shall include a sample Weekly Tax Report in its response to this

RFP to demonstrate how Proposer will meet the County’s reporting requirement.

E. Weekly reports and invoices are due the first day of the week following the prior purchase week.

1. Liquidated damages/late charges for late weekly reporting shall be as specified in Section

4.3 Liquidated Damages.

Commission payments shall be due to County on the 20th day of the month following the month of traffic. Commission amounts will not be deducted from the weekly invoices detailed above. County prefers payments are sent via Automated Clearing House (ACH) payment.

The commissary service supplier shall prepare and submit a weekly report including, without limitation, the information provided below with relation to the Kiosk Trust Deposits.

A. The report shall contain the following information:

1. Date;

2. Time;

3. Inmate Name;

4. Inmate X-REF;

5. Type of Deposit (i.e., IVR, Intake Kiosk, Web, Lobby, Retail, Mobile Booking Kiosk, etc.);

Credit Card/Bank Type (if applicable);

6. Amount;

7. Fee;

8. Depositor Name;

9. Facility Location;

10. Depositor ID; and

11. Depositor Address

B. In addition, Proposer shall be capable of providing daily deposit report, in Comma Separated

Values (CSV) format via file transfer protocol (FTP) to the County for law enforcement and business purposes. Proposer shall include a sample Kiosk Trust Deposit Reconciliation Report in its response to this RFP to demonstrate how Proposer will meet the County’s reporting requirement.

Reporting, invoicing and commission discrepancies must be resolved by the commissary service supplier within thirty (30) days of receipt of notification of a discrepancy by the County or such discrepancy is subject to late charges as described in Section 4.3 Liquidated Damages and/or the contract may be terminated at the sole discretion of the County. The County further retains the right to pursue any other legal remedies it deems necessary.

County shall have the option to pull a report with a customizable time range (including but not limited to weekly, monthly, quarterly, etc.) that itemizes and summarizes the total Gross Sales, Net Sales, returns, refunds, tax, and deducted commission payments (“Monthly Activity Report”).

A. Proposer shall include a sample Monthly Activity Report in its response to this RFP to demonstrate how Proposer will meet the County’s reporting requirement.

B. Liquidated damages/late charges for monthly reporting may be imposed as specified in Section

4.3 Liquidated Damages.

If the weekly reporting, monthly reporting and commission payments are not received by the due date, the liquidated damages/late charges for all three may apply.

4.3. Liquidated Damages

Contractor’s failure to meet contract requirements both correctly and on time may result in substantial injury to the County; the amount of damages resulting from such failure may not always be quantified with certainty. Each failure to meet a requirement, both correctly and on time, may be subject to fines and liquidated damages as outlined herein. Any enforced fines/liquidated damages will be invoiced by the County to the Contractor. Payments due the County for the invoiced amount(s) shall be due within thirty (30) days of Contractor’s receipt of the invoice.

Description Amount

Any schedule changes or delays in the commissary delivery process without the County notification and approval.

One-hundred dollars ($100.00) per day from the day the change was implemented to the date the Contractor rectifies the delivery schedule.

Unauthorized menu changes including item changes and pricing. Two-hundred-fifty dollars ($250.00) per day from the date the changes were completed through the date Contractor rectifies the menu changes.

Additional/unapproved fees charged to inmates or family/friends for any commissary activity covered by this RFP.

Two-hundred-fifty dollars ($250.00) per day from the date the changes were completed through the date the charges/fees were discontinued.

Weekly reports or invoicing not containing the required or accurate information and/or received by the County after the date specified in this RFP.

Commission discrepancies must be resolved by Contractor to the

County’s reasonable satisfaction, within thirty (30) days of receipt of notification of a discrepancy by the County or such discrepancy is subject to late charges as described and/or termination of the contract at the sole discretion of the County and /or any legal recourse of action the County elects to pursue.

One-hundred dollars ($100.00) per day for any weekly reports or invoices not submitted by Contractor or where the reports do not contain all the required information identified in Project Details – Invoices, Commissions and Reporting.

Five percent (5%) of the commission amount due.

Monthly reporting not containing the required information and/or received by the County after the date specified in this RFP.

Seven-hundred-fifty dollars ($750.00) per month for each report not received by the due date specified or each report that does not contain the fields and information identified in Project Details – Invoices, Commissions and Reporting.

In the event Contractor does not meet the staffing requirements outlined in the RFP and does not fill the required vacant positions within six (6) weeks (including security clearance), Contractor may incur liquidated damages.

Five hundred dollars ($500.00) per day for each day following the six (6) week period until Contractor reaches the required staffing level.

When County suffers any security breach in conjunction with

Contractor’s commissary solution, including accessing the

County’s network without authorization. The County agrees to notify the Contractor of such instances and provide up to seven (7) days per instance for Contractor to remedy the security issue.

One-thousand dollars ($1,000.00) per occurrence. Five hundred dollars ($500.00) per day for each day following the six (6) week period until Contractor reaches the required staffing level.

Contractor shall adhere to the County’s performance process when upgrading any commissary service device, software, equipment, or performing any changes to the inmate commissary which affects the scope under this RFP. Any deviation from the process may result in liquidated damages incurred by Contractor.

Five-hundred dollars ($500.00) per occurrence.

Contractor shall be responsible for resolving any reported repairs or service issues within ten (10) days following the date of notification of a service request or inmate commissary service failure (“Cure Period”). Should Contractor fail to resolve the reported repair or service issue within the specified Cure Period, Contractor may be liable for liquidated damages.

Five-hundred dollars ($500.00) for each day after the Cure Period and for each reported service issue that the Contractor fails to resolve, until each reported repair or replacement is resolved by Contractor.

Contractor shall be responsible for resolving any reported repairs or service issues within ten (10) days following the date of notification of a service request or inmate commissary service failure (“Cure Period”). Should Contractor fail to resolve the reported repair or service issue within the specified Cure Period, Contractor may be liable for liquidated damages.

Five-hundred dollars ($500.00) for each day after the Cure Period and for each reported service issue that the Contractor fails to resolve, until each reported repair or replacement is resolved by Contractor.

Due to Contractor’s actions, if any installation, initial or additionally requested equipment is not completed within the timeframe in the agreed upon implementation plan.

Five-hundred dollars ($500.00) per day for each day after the agreed upon date until the installation is complete.

4.4. License, Permits, and Taxes

It is expressly understood that the County is not responsible in any way, manner, or form for any of

Proposer’s costs, including but not limited to, taxes (including sales tax), shipping charges, insurance, interest, penalties, attorney fees, liquidated damages, licenses, fees, tariffs or other costs related to any and all Proposer’s services. Proposer agrees that it is entirely responsible for calculating, collecting, and remitting all fees and taxes, including sales tax on items provided to the inmates and subject to sales tax in the State of California.

Proposer shall be responsible for all costs associated with obtaining all licenses, permits, and taxes required to operate in the State of California. Also, Proposal shall comply with all Federal, State, and local codes, laws, ordinances, regulations, and other requirements at no cost to the County.

Proposer agrees that it is entirely responsible for calculating, collecting, and remitting all fees and taxes

(including sales tax where applicable) on all services and items provided to the inmates.

4.5. Independent Contractor

The parties acknowledge that Proposer is an independent contractor. Nothing in this RFP is intended nor shall be construed to create an agency relationship, an employer/employee relationship or a joint venture relationship among the parties.

4.6. Surety Bond

The awarded Contractor must furnish a Performance Bond (guarantying contract performance of all covenants and stipulations) in the form of a bond issued by a Surety Company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570, a

Cashier’s Check, or Irrevocable Letter of Credit payable to the County within ten (10) calendar days after award of the contract and prior to any installation work or equipment delivery. The Performance Bond must be made payable to the County in the amount of two hundred fifty thousand dollars ($250,000.00) and will be retained during the full period of the contract and/or renewal terms. No personal or company checks are acceptable. The contract number (if applicable) and/or dates of performance must be specified on the Performance Bond.

In the event that the County exercises its option to extend the contract for an additional period, the

Contractor shall be required to maintain the validity and enforcement of the Performance Bond for the said period, pursuant to the provisions of this paragraph, in an amount stipulated at the time of the contract renewal. A Payment Bond (guarantying payment of sub-contractors, payment of wages and of bills contracted for materials, supplies or equipment used in the performance of the contract) will also be required upon contract award in the amount two hundred fifty thousand dollars ($250,000.00) in the form of a bond issued by a Surety Company authorized to do business in the State of California and listed in the current Federal Department of Treasury Circular 570, a Cashier’s Check, or Irrevocable

Letter of Credit payable to the County within ten (10) calendar days in the event of a breach of contract.

See Attachment M - Performance Bond

4.7. Discrepancy

Should there be a discrepancy in the responses provided by Proposer to this RFP and the resulting contract, the terms and conditions contained in the contract and its amendments will prevail over the

RFP and the RFP and its addendums will prevail over the Proposer responses.

4.8. Additional Requirements and Specifications

Contractor shall provide any and all notices as may be required under the Drug-Free Workplace Act of

1998, 28 CFR Part 67, Subpart F, and any applicable California State laws, to the employees and all subcontractors to ensure the Facilities maintain a drug free workplace. The County reserves the right to review drug testing results of Contractor’s staff assigned to work at the Facilities. The County may require, at Contractor’s expense, drug testing of Contractor’s staff at any time, without notice.

Contractor does not and shall not during the performance of activities outlined in this RFP knowingly employ any person not legally authorized to work in the United States as defined in the Federal

Immigration Reform and Control Act of 1986.

4.9. Indemnification

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless County, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents, (collectively “Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”) including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of either Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the Contractor, its officers, employees, or agents, or the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law regardless of whether caused in part by an

Indemnified Party. Contractor shall not be liable for any Claims arising from the sole negligence or willful misconduct of an Indemnified Party where such indemnification would be invalid under Section 2782 of the Civil Code.

This indemnity shall not be limited by the types and amounts of insurance or self-insurance maintained by the Contractor or the Contractor’s subcontractors.

Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this Indemnity shall survive the expiration or termination of the contract.

Without limiting Contractor’s indemnification, Contractor shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Section 6.

It is the responsibility of Contractor to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Section 6. It is understood and agreed that the County shall not pay any sum to Contractor under the contract unless and until County is satisfied that all insurance required by the contract is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this agreement may be grounds for material breach of contract.

4.10. General Requirements

Contractor shall be responsible for facilitating and handling the entire commissary environment at the

Facilities. Commissary services will be ordered by the inmates and their friends/families based on a schedule specified by the County and using the following formats as a result of this RFP (website, inmate telephone system [IVR], tablets, and optical reader answer sheets [bubble sheets]). The County prefers to minimize the use of bubble sheets for ordering purposes.

A. The Proposer shall provide detail on the different methods available for capturing inmate commissary orders. Please include a diagram demonstrating the data flow process from the time the order is captured to the time the orders are prepared for delivery.

The Proposer shall have the ability to integrate with the County phone vendor, currently Securus, for tablet and phone ordering. And should be able to integrate with any other future phone and/or tablet vendor at no charge to the County.

Contractor shall operate its commissary services at an off-site location and deliver the weekly orders in clear plastic bags with holes which shall be organized based on facility layout or as directed by the

County.

Contractor shall provide lobby and intake kiosks at each of the Facilities at no Cost to the County.

Contractor’s lobby kiosks shall include the following services, without limitation: deposits into trust, Friends and Family commissary menu orders, and debit purchases. County reserves the right to limit the number of kiosks and the options available on the kiosks based on Facility needs. Proposer shall provide an offer based on fees lower than the current kiosk fees and alternative kiosks fees in Attachment K -

OFFER - Deposit Fees.

At no cost to County, Contractor shall install additional equipment (ordering equipment, kiosks, etc.) as needed, within 30 days of request. Contractor may incur liquidated damages as described in Section 4.3

Liquidated Damages.

4.11. Transition

For the initial installation, Contractor will work with the County, and the incumbent inmate commissary and kiosk service supplier to ensure an orderly transition of services, responsibilities and continuity of the services required by County.

Contractor will work with County and its Jail Management System (JMS) provider to ensure all required information is received for a seamless transition to the inmate banking software (i.e., inmate booking numbers, inmate personal identification numbers, inmate trust balances, etc.) at no cost to County. This includes the current JMS and any new JMS the County may implement.

Upon expiration or cancellation of the contract or in the event County exercises its right to terminate the contract, Contractor shall accept the direction of County to ensure commissary services are smoothly transitioned. At a minimum, the following shall apply:

A. Contractor acknowledges that all documentation, reports, data, etc., contained in commissary system and inmate banking software are the property of the County. The County acknowledges the commissary system hardware and software, and the inmate banking software are the property of Contractor.

B. The documentation, reports, data, etc. for the Facilities shall be provided to the County by

Contractor on a storage medium and in a user-friendly, searchable and electronic format at no cost to the County within fifteen (15) days following the expiration, termination and/or cancellation of the contract or within fifteen (15) days following the last day commissary services are provided by Contractor, whichever occurs first. Contractor shall accept the County’s decision whether the solution provided is acceptable.

1. As an alternative and at no cost to the County, Contractor shall allow the County access to all documentation, reports, data, etc. contained in the commissary system for a period of at least five (5) years following the expiration, termination or cancellation of the contract.

Contractor shall provide such access to the County within seven (7) days following the expiration, termination and/or cancellation of the contract or within fifteen (15) days following the last day commissary services are provided by Contractor, whichever occurs first. Contractor shall accept the County’s decision whether the access provided is acceptable.

Contractor shall discontinue providing service or accepting new assignments under the terms of the contract, on the date(s) specified by the County. Contractor agrees to continue providing all services in accordance with the terms and conditions, requirements and specifications of the contract for a period not to exceed ninety (90) calendar days after the expiration, termination or cancellation date of the contract. Invoices and reports, including commissions due, will be due and payable by Contractor to the

County at the percentage specified in the contract until services are no longer handled by the

Contractor.

4.12. Installation Requirements

Proposer shall submit an implementation plan with its RFP response detailing the transition, implementation, and installation of its commissary services, including implementing electronic ordering and scanning processes for delivery of commissary orders. The plan shall also include the installation and implementation of the inmate banking software. The implementation plan shall highlight important milestone dates with a description of what the milestones include. The initial implementation of the commissary services, kiosk services, and inmate banking software must be completed within sixty (60) days from the execution date of the contract. The implementation plan shall become part of the contract and must be followed.

A. Contractor’s implementation plan shall also address the transition of deposit services via intake and lobby kiosks. Should Contractor elect to subcontract the existing kiosk provider, the implementation plan should include the interface timelines. Should the Contractor propose installing its own intake and lobby kiosks, the implementation plan should include details on the timeline required for the network, wiring, installation, and interfaces. Initial implementation of the kiosks must be completed within sixty (60) days from the execution of the contract.

B. Contractor may incur liquidated damages as described in Section 4.3 Liquidated Damages for each day beyond the installation due date until the installation is complete. However, Contractor shall not incur liquidated damages if the cause of the delay is beyond Contractor’s reasonable control.

Contractor shall be responsible for all costs associated with the inmate commissary system including purchase of equipment, software, installation, service, maintenance, purchase, and off-site storage of commissary products and all day-to-day operations.

Contractor shall be responsible for all costs associated with wiring, new electrical circuit installations, cables, parts, software, hardware and physical installation of all money handling and/or ordering equipment at each facility. Contractor is not allowed to perform such services using its own forces.

Contractor will notify County’s Facilities staff when it identifies any work that requires cutting into or through girders, beams, concrete or tile floors, partitions or ceilings, or any work that may impair fireproofing or moisture proofing, or potentially cause any structural damage.

A. Kiosks, computers, and ordering equipment must reside on Contractor’s own separate network and may not reside on the County’s network. Contractor may utilize the dedicated wireless network band provided to the County by its inmate telephone service provider.

1. In the event County identifies a security risk with the network configuration, Contractor shall work with County to remedy such security risk to County’s reasonable satisfaction.

B. Contractor should indicate any environmental conditions required for the inmate commissary equipment, money handling kiosks, and related equipment.

C. Contractor shall be responsible for all printer supplies including but not limited to ink, receipt tape, etc.

Contractor agrees to assume responsibility for installation of the equipment in accordance with the specifications contained in the manufacturer's installation instructions.

The work under this RFP is to be performed, completed, and managed by Contractor. The County shall not provide workspace for the Contractor. All work performed on the County’s premises shall be completed during the County’s standard business hours. All work completed by Contractor will meet or exceed industry standard for materials and workmanship. All work shall be inspected by the County.

Contractor will verify location/installation with Technical Services of any conduit, raceways, cable ways, cable, inside wiring, switches, terminal boxes, and terminals within the Facilities. No exposed wiring will be permitted. Ownership of any wiring or conduit placed under this contract by the Contractor becomes the County’s property upon termination and/or expiration of the contract. Contractor will work with

Technical Services and/or Architectural Services Division (ASD) personnel on actual locations of any cabling or structural work to take place in or on the facilities identified in Section 2.1 Summary. The work being performed under the awarded contract will be in compliance with the National Electric

Code, California Electrical Code, Title 24 Energy Code, Sacramento County Electrical Code and ASD’s

Electrical Design Guidelines.

Contractor agrees that if any cabling work is required as part of any installation, all new cables shall be used and marked clearly and legibly at both ends and must meet all applicable Electronic Industries

Alliance/Telecommunications Industry Alliance (EIA/TIA) wiring standards for commercial buildings.

Contractor shall clean up and remove all debris and packaging materials resulting from work performed from premises.

Contractor shall restore to original condition any damage to the County’s property caused by maintenance or installation personnel associated with Contractor, including repairs to walls, ceilings, etc.

All Contractor-provided equipment, installation, maintenance, and repair costs as well as all costs or losses due to vandalism shall be the total responsibility of Contractor.

Contractor must indicate the physical size of any inmate commissary, cash handling, and/or kiosk equipment to be installed at the Facilities. Contractor should include images of all equipment proposed to be installed or used at the Facilities. This includes ordering devices, scanners, inmate intake kiosks, lobby kiosks, and delivery carts.

4.13. Interface Requirements

Contractor shall work with the County’s Inmate Telephone System (ITS) provider and the County’s Jail

Management System (JMS), and, if necessary, the County’s current cash-handling kiosk provider, to add commissary related capabilities such as allowing friend and family members to deposit directly into an inmate’s trust account, debit account, ordering of food and non-food commissary items to be delivered to a specific inmate, etc. at no cost to the County. Should County change JMS or ITS providers, Contractor shall work with the new providers to establish all required interfaces at no cost to the

County.

Contractor shall be responsible for obtaining the necessary software and software licensing to integrate with County’s JMS, ITS and other required platforms designated by the County. The County will not be responsible for any licensing fees or interface charges.

A. The JMS interface shall allow for the transfer of inmate identification and ID numbers, inmate status,…